[2015] KEHC 3338 (KLR)
The court found that the initial bond terms, which required each accused to provide two sureties of Ksh.500,000 each, could be varied to make compliance more feasible for the accused persons. The court exercised its discretion to reduce the number of sureties required from two to one for each accused, thereby making...
Source-derived case information.
- Citation
- [2015] KEHC 3338 (KLR)
- Parties
- Applicant: Republic; Defendant: Evans Nyakundi Monari; Defendant: Charles Momanyi Monayo; Defendant: Jane Kwamboka Monayo
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 12 of 2012
- Procedural Posture
- Criminal Case / Ruling on Application to Vary Bond Terms
- Outcome
- Application for variation of bond terms allowed.
- Judges
- CB Nagillah
- Legal Topics
- Bond Variation, Bail Conditions, Pretrial Release
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic
Applicant
Evans Nyakundi Monari
Defendant
Charles Momanyi Monayo
Defendant
Jane Kwamboka Monayo
Defendant
Procedural Posture
Criminal Case / Ruling on Application to Vary Bond Terms
Legal Issues
- 1 Whether the bond terms imposed on the accused persons should be varied to make them more manageable and affordable.
Ratio Decidendi
The court found that the initial bond terms, which required each accused to provide two sureties of Ksh.500,000 each, could be varied to make compliance more feasible for the accused persons. The court exercised its discretion to reduce the number of sureties required from two to one for each accused, thereby making the bond terms more manageable while still ensuring the accused persons' attendance at trial and compliance with reporting conditions.
Court Disposition
Application for variation of bond terms allowed.
Orders
- The number of sureties required for each accused person is reduced from two to one.
- All other bond conditions remain as previously ordered.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CRIMINAL CASE NO.12 OF 2012
REPUBLIC...................................................................STATE
VERSUS
EVANS NYAKUNDI MONARI...................1ST ACCUSED
CHARLES MOMANYI MONAYO............. 2ND ACCUSED
JANE KWAMBOKA MONAYO....................3RD ACCUSED
RULING
1. On 16th May 2015, three accused persons herein applied for variation of the bond terms to manageable and affordable level.
2. In a ruling read on 28th day of March 2012 the court gave bond to the three accused persons on the following terms:
i)Each of the 3 accused persons shall be released on a personal bond of Ksh.500,000/= plus two sureties of the like amount to be approved by the Deputy Registrar of this honourable court.
ii)Each of the 3 accused persons shall report to the police at Chepilat Police Station once a month w.e.f. 27th April 2012 until their case is heard and determined or until further orders of this honourable court.
iii)Each accused person shall also appear before this Honourable Court for mention of their case once a month w.e.f. 10th May 2012 until this case is heard and determined or until further orders of this court.
3. In view of the application, above, for variation of bond terms, this court will reduce the sureties from two to one surety each.
4. It is so ordered.
Dated, signed and delivered in open court this 31st day of July 2015
HON. C. B. NAGILLAH
JUDGE
In the presence of:
- Sepele for State
- M/S Masese (absent) for Accused persons
- Samuel Omuga: Court clerk